Monday, March 28, 2022

Copyright Office Issues Final Rule for Initiating Copyright Claims Board Proceedings and Related Procedures

Perhaps you've been waiting for this? If yes, the Copyright Office issued this at the end of last week. Now that the process is in place, I look forward to how it works when the first claims are actually filed.


Copyright Office Issues Final Rule for Initiating Copyright Claims Board Proceedings and Related Procedures

NewsNet 951
March 25, 2022

Pursuant to the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020 and after soliciting public comments, the U.S. Copyright Office has published a final rule establishing procedures for the initial stages of a Copyright Claims Board (CCB) proceeding.

The rule provides procedures and requirements for the initial stages of a proceeding, including the following topics:

  • Filing claims,
  • Opting out of proceedings,
  • CCB compliance review,
  • Service of the notice of proceeding and claim,
  • Service and filing of other documents,
  • The CCB’s “second notice,” and
  • Filing responses and counterclaims.

Among other provisions, the final rule institutes a two-part fee for filing a claim; standardizes requirements for the claim, response, and counterclaim; and requires certifying parties to affirm that they have confirmed the accuracy of information in the claim.

Additional information is available here.

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